Right: Police move among patrons at a Melbourne nightclub. Recent violence at late-night venues has been a factor in new Victoria Police stop-and-search powers.
Arguments in favour of the new search powers
1. Crimes involving knives are of concern to Victoria Police
Victoria Police have stated their concern that additional powers are needed to allow them to reduce the threat of injury and death through crimes involving knives.
Victoria Police chief Simon Overland has stated, 'The new powers will help police confront increasing drunken and loutish behaviour.
Fist fights are bad enough, but if people start fighting with knives, the consequences for the victim are likely to be very, very serious, if not fatal.'
The Explanatory Memorandum accompanying the Bill outlined Victoria Police's concerns regarding the use of concealed weapons by those with a specific intention to commit a further crime. It states, 'In recent years there have been a number of incidents involving attacks on patrons in nightclubs and surrounding entertainment precincts. Police intelligence information has also highlighted as an area of concern the possession of weapons in and around nightclub areas by gang members and by persons involved in the illicit drug trade.'
2. Knives can easily be concealed on a person's body
It has been pointed out that knife crimes are difficult to control as knives can easily be concealed on a person's body. This has been used as justification of the new search powers given Victoria Police as it would not be easy to establish that someone was carrying a knife without an initial search. In such a case requiring that police have reasonable grounds for conducting a search before doing so is, it is claimed, counter-productive.
The success of the first stop and search operation conducted at the Footscray railway station has been claimed to justify the existence of the new legislation. 182 people were searched. Knuckledusters, a machete and knives were among 12 weapons police found in the possession of seven different people and were confiscated. Four penalty notices were issued for carrying alcohol on public transport, disorderly conduct, hindering or obstructing an operation and being drunk. One person was arrested for outstanding warrants and another was caught carrying drugs. Deputy Commissioner Kieran Walshe said the results were a clear indication that people who frequented this area were armed with weapons.
Results such as these have been used as justification of the claim that broad-based searching may be the only viable way of determining if members of the public are carrying knives.
3. It is difficult to limit access to knives
It is widely acknowledged that limiting access to knives and other sharp objects is very difficult. Unlike guns, knives are common household tools and so young people and others can readily access them within the home, without having had to specifically purchase them. This makes current control measures that focus on the age of the purchaser not very effective.
In 2009, the World Health Organisation produced a report titled, 'Violence Prevention, the Evidence - Guns, Knives and Pesticides: Reducing Access to Lethal Means'. The report stated, 'The research evidence on measures to reduce access to sharp objects is less well developed than for firearms, and most information stems from the United Kingdom where knife violence, particularly among youths, is a major social and political concern...
Knives and other sharp objects are common household and workplace tools and their widespread
availability and utility complicates control measures.'
4. The laws are necessary to prevent Victoria developing a knife culture
Defenders of the new laws have claimed that they are necessary to prevent Victoria developing the sort of knife culture in evidence in some other parts of the world.
The Victorian premier, John Brumby, stated, 'Knife attacks have got out of control in London, Los Angeles and other big cities around the world. Cabinet and Victoria Police are determined this will not happen here.
We need to nip this problem in the bud. We've got kids as young as 10 or 11 who have been picked up carrying knives that they intend to use on someone. So we've got to send a message.'
The concern that Victoria is developing a culture where it is the norm to carry a knife has been fuelled by recent figures indicating their increasing acceptance among children.
On September 14, 2009, the ABC ran a news report which stated, 'New figures show that 58 children aged between 10 and 14 were involved in armed robberies in the past year.
Overall there has been a 9 per cent increase in the number of robberies involving knives.
Deputy commissioner Ken Jones says police are determined to stop a knife culture from flourishing among young people.
"No parents want their youngsters, predominantly young lads, but some girls are doing it as well, to start carrying weapons...So it's anything and everything we can do to turn that back and challenge that culture before it takes a grip."'
On the same day the Victorian Police Minister stated, 'There were 58 armed robberies last year involving 10 to 14-year-olds. This is of great concern to us.
Knife culture can grow rapidly. That is why we will be introducing laws to have random searches for weapons in designated areas. An inspector, based on intelligence, will form the view that an area needs to have random searches for a period of time (could be for a day or two), and this will mean people in the area can be randomly searched for weapons. This could involve use of a metallic wand or a quick pat down.
Our message is that if you don't have a weapon, you have nothing to worry about. To anyone who does have weapons, particularly young people, please hand them in to police...'
Victoria Police hope the new laws will serve as a deterrent. They hope that the knowledge that anyone, regardless of age, could possibly be stopped by the police and searched for a weapon will discourage Victorians from carrying them.
5. The new powers are meant to be used proactively
Supporters of the new laws have noted that one of their advantages is that they enable police to remove knives from the community before these weapons have been used to commit an assault. It has been argued that this proactive approach is a valuable way of protecting people from serious physical assaults and perhaps death.
Deputy Commissioner Kieran Walshe has claimed. 'The new powers will enable us to detect these weapons before they are used in crimes, making the area much safer for train commuters and the broader community.'
On January 11, 2010, Bob Falconer, former Victoria Police deputy commissioner, had a letter published in The Age. Mr Falconer wrote, 'According to details recorded by the Victorian State Trauma Registry, the number of people seriously injured and killed in assaults in Victoria has almost tripled in five years. Many of those incidents involved baseball bats, knives and other weapons while most of the victims and perpetrators were young males. So searching young men in public places is sound pro-active policing and should be applauded.'
6. The new laws are intended to be implemented with minimal intrusion
The intention of the new laws is not to disrupt the community but to protect it. Stop and search operations will generally be 'planned', that is, a week's advance notice will be given when such an operation is to be conducted in a particular area.
The intention of the law is educative and to act as a deterrent. Thus Victoria Police will generally notify the public prior to an stop and search operation occurring to allow people to get rid of any weapons they may be carrying.
The Victoria Police's Internet site states, 'Victoria Police may declare an area if the Chief Commissioner (or his delegate) is satisfied that:
There has been more than one act of violence or disorder with a weapon in the past 12 months and there is a likelihood that there will be violence or disorder with a weapon again; or
There has been violence or disorder with a weapon at a previous event or celebration, this event is happening again and there is a likelihood that there will be violence or disorder with a weapon at this event again.
Notice of this declaration is advertised in the Government Gazette and a daily newspaper at least seven days before the area is designated for searches to occur.'
Where an unplanned (and therefore unannounced) search occurs this will only happen when Victoria Police have reason to believe that an offence is likely to occur in that area.
The Victoria Police's Internet site states, 'Victoria Police may declare an area if the Chief Commissioner (or his delegate) is satisfied that it is likely that violence or disorder with a weapon will happen in the area when it is designated and it is necessary to declare the area to prevent or discourage violence or disorder with a weapon happening.'